5.  The applicant was born in 1941 and lives in Baku.
6.  The applicant was the sole owner and director of Nail Commercial Firm (“the Company”), established on 2 March 1992 in Baku. It appears from the case file that the Company was registered on 22 January 1993 and, that, according to the company's charter, the applicant was its sole founder.
7.  By an order of the Baku City Executive Authority (“the BCEA”) of 7 February 1996, the Company was granted the right of use of a plot of land in Baku for constructing and operating a health centre. On 25 May 1998 the Company was granted an additional plot of land adjacent to the original one. The total area of land granted to the Company comprised 0.75 hectares (“the Plot”).
8.  The Company obtained all necessary construction permits and authorisations and paid all relevant fees. However, it did not start any construction work.
9.  In 1998 the Plot was occupied by another private company, called Ruslan, which commenced construction of a shopping centre on the Plot.
10.  After writing several letters of complaint to the BCEA and the police, the Company brought an action against the Khatai District Executive Authority (“the KDEA”) and Ruslan, asking for protection of its right of use of the Plot. On 29 October 1998 the Economic Court (acting as a first‑instance court) rejected the Company's claim. The court found that Ruslan had occupied the Plot illegally. However, the court noted that, due to the fact that a substantial amount of construction had been carried out on the site, it was impracticable to demolish the buildings constructed by Ruslan. Therefore, the court held that the buildings illegally constructed by Ruslan were to be confiscated in favour of the State, while the BCEA was ordered to grant the Company another plot of land of similar value.
11.  Following a series of appeals by the Company, on 31 May 2001, the Economic Court (acting as an appeal court) quashed the judgment of 29 October 1998 and granted the Company's claim. The court ordered the demolition of buildings constructed by Ruslan and restoration of the Company's right of use of the Plot. No cassation appeals were lodged against this judgment and it entered into legal force.
12.  It appears from the case file that the applicant applied to various authorities complaining that the judgment of 31 May 2001 had not been enforced.
13.  On 29 January 2002 the Economic Court issued a special decision (xüsusi qərardad), instructing the Khatai District Prosecutor's Office to institute criminal proceedings against those responsible for the non‑enforcement of the judgment.
14.  Upon a request by the Company, on 1 July 2003 the Economic Court issued a special decision interpreting the operative part of the judgment of 31 May 2001. The court clarified that the Plot must be vacated by any third parties, that access to the Plot must be restricted and that the illegally constructed buildings must be demolished by the KDEA. Thereafter, the Plot was to be transferred to the Company.
15.  In August 2003 the Khatai District Department of Judicial Observers and Enforcement Officers informed the Economic Court that the enforcement of the judgment was impossible due to the KDEA officials' refusal to demolish the illegally constructed buildings.
16.  On 11 September 2003 the Economic Court issued a special decision instructing the Khatai District Prosecutor's Office to institute criminal proceedings against the relevant KDEA officials. On 17 October 2003 the Khatai District Prosecutor's Office refused to institute criminal proceedings.
17.  In the meantime, the KDEA requested the President of the Supreme Court to reopen the proceedings and have the judgment of 31 May 2001 reviewed by the Plenum of the Supreme Court. By a letter of 20 October 2003 the President of the Supreme Court rejected this request, finding no grounds to reopen the proceedings.
18.  It appears from the case file that in the meantime the Ministry of Economic Development (“the MED”) had issued ownership certificates to third parties in respect of the Plot. On an unspecified date in 2005, the applicant lodged a lawsuit against the MED and those persons asking the court to declare void all the ownership certificates issued in respect of this Plot. On 23 December 2005 the Khatai District Court dismissed the applicant's claim. After a series of appeals by the applicant, on 18 November 2008 the Court of Appeal upheld the first-instance court's judgment. The Court of Appeal noted that, as the Plot had been sold at auction to a third party in 1999 when it belonged to the State pursuant to the judgment of 29 October 1998, the ownership certificates issued by the MED were in accordance with the relevant law. On 10 March 2009 the Supreme Court upheld the Court of Appeal's judgment.
19.  At the time of the latest communication with the applicant, the judgment of 31 May 2001 had not been enforced.